56920 Federal Register / Vol. 72, No.

193 / Friday, October 5, 2007 / Rules and Regulations

Dated: September 21, 2007. PART 52—[AMENDED] numerical order, a new chapter heading
J.I. Palmer, Jr., for ‘‘Section .2400 Clean Air Interstate
■ 1. The authority citation for part 52
Regional Administrator, Region 4. Rules’’ and entries for ‘‘Section
continues to read as follows:
.2403(a)’’, ‘‘Section .2405(a)’’, and
■ 40 CFR parts 52 and 97 are amended Authority: 42 U.S.C. 7401 et seq. ‘‘Section .2412’’ to read as follows:
as follows:
Subpart (II)—(North Carolina) § 52.1770 Identification of plan.

■ 2. In § 52.1770(c) Table 1 is amended * * * * *

under Subchapter 2D by adding, in (c) * * *
TABLE –1.—EPA-APPROVED NORTH CAROLINA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date

* * * * * * *

Section .2400 Clean Air Interstate Rules

Section .2403(a) .............................. Nitrogen Oxide Emissions ............. ........................ 10/05/07 [Insert citation of publica-
tion].
Section .2405(a) .............................. Nitrogen Oxide Emissions During ........................ 10/05/07 [Insert citation of publica-
Ozone Season. tion].
Section .2412 .................................. New Unit Growth ........................... ........................ 10/05/07 [Insert citation of publica-
tion].

* * * * * * *

* * * * * Appendix A to Subpart III of Part 97— DEPARTMENT OF HOMELAND

States With Approved State SECURITY
PART 97—[AMENDED] Implementation Plan Revisions
Concerning CAIR SO2 Opt-In Units Federal Emergency Management
■ 3. The authority citation for part 97 Agency
continues to read as follows: 1. * * *
North Carolina
Authority: 42 U.S.C. 7401, 7403, 7410, 2. * * * 44 CFR Part 67
7426, 7601, and 7651, et seq. North Carolina
Final Flood Elevation Determinations
■ 4. Appendix A to subpart EE is * * * * *
amended by adding in alphabetical AGENCY:Federal Emergency
■ 7. Appendix A to subpart EEEE of part
order the entry ‘‘North Carolina’’ under Management Agency, DHS.
97 is amended by adding in alphabetical
paragraph 1. to read as follows: ACTION: Final rule.
order the entry ‘‘North Carolina’’ under
Appendix A to Subpart EE of Part 97— the introductory text to read as follows:
States With Approved State SUMMARY: Base (1% annual chance)
Appendix A to Subpart EEEE of Part Flood Elevations (BFEs) and modified
Implementation Plan Revisions
97—States With Approved State BFEs are made final for the
Concerning Allocations
Implementation Plan Revisions communities listed below. The BFEs
1. * * * Concerning Allocations and modified BFEs are the basis for the
North Carolina floodplain management measures that
* * * * *
* * * * * North Carolina each community is required either to
* * * * * adopt or to show evidence of being
■ 5. Appendix A to subpart II of part 97
already in effect in order to qualify or
is amended by adding in alphabetical ■ 8. Appendix A to subpart IIII of part remain qualified for participation in the
order the entry ‘‘North Carolina’’ under 97 is amended by adding in alphabetical National Flood Insurance Program
paragraphs 1. and 2. to read as follows: order the entry ‘‘North Carolina’’ under (NFIP).
Appendix A to Subpart II of Part 97— paragraphs 1. and 2. to read as follows:
States With Approved State DATES: The date of issuance of the Flood
Appendix A to Subpart IIII of Part 97— Insurance Rate Map (FIRM) showing
Implementation Plan Revisions States With Approved State
Concerning CAIR NOX Opt-In Units BFEs and modified BFEs for each
Implementation Plan Revisions community. This date may be obtained
1. * * * Concerning CAIR NOX Ozone Season by contacting the office where the maps
North Carolina Opt-in Units are available for inspection as indicated
2. * * * on the table below.
North Carolina 1. * * *
North Carolina ADDRESSES: The final BFEs for each
* * * * *
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2. * * * community are available for inspection

North Carolina
■ 6. Appendix A to subpart III of part 97 at the office of the Chief Executive
is amended by adding in alphabetical * * * * * Officer of each community. The
order the entry ‘‘North Carolina’’ under [FR Doc. E7–19317 Filed 10–4–07; 8:45 am] respective addresses are listed in the
paragraphs 1. and 2. to read as follows: BILLING CODE 6560–50–P table below.

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 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations 56921

FOR FURTHER INFORMATION CONTACT: proof Flood Insurance Study and FIRM have federalism implications under
William R. Blanton, Jr., Engineering available at the address cited below for Executive Order 13132.
Management Section, Mitigation each community. The BFEs and Executive Order 12988, Civil Justice
Directorate, Federal Emergency modified BFEs are made final in the Reform. This final rule meets the
Management Agency, 500 C Street, SW., communities listed below. Elevations at applicable standards of Executive Order
Washington, DC 20472, (202) 646–3151. selected locations in each community 12988.
SUPPLEMENTARY INFORMATION: The are shown.
List of Subjects in 44 CFR Part 67
Federal Emergency Management Agency National Environmental Policy Act.
(FEMA) makes the final determinations This final rule is categorically excluded Administrative practice and
listed below for the modified BFEs for from the requirements of 44 CFR part procedure, Flood insurance, Reporting
each community listed. These modified 10, Environmental Consideration. An and recordkeeping requirements.
elevations have been published in environmental impact assessment has ■ Accordingly, 44 CFR part 67 is
newspapers of local circulation and not been prepared. amended as follows:
ninety (90) days have elapsed since that Regulatory Flexibility Act. As flood
publication. The Mitigation Division elevation determinations are not within PART 67—[AMENDED]
Director of FEMA has resolved any the scope of the Regulatory Flexibility ■ 1. The authority citation for part 67
appeals resulting from this notification. Act, 5 U.S.C. 601–612, a regulatory continues to read as follows:
This final rule is issued in accordance flexibility analysis is not required.
Authority: 42 U.S.C. 4001 et seq.;
with section 110 of the Flood Disaster Regulatory Classification. This final Reorganization Plan No. 3 of 1978, 3 CFR,
Protection Act of 1973, 42 U.S.C. 4104, rule is not a significant regulatory action 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
and 44 CFR part 67. FEMA has under the criteria of section 3(f) of 3 CFR, 1979 Comp., p. 376.
developed criteria for floodplain Executive Order 12866 of September 30,
management in floodprone areas in 1993, Regulatory Planning and Review, § 67.11 [Amended]
accordance with 44 CFR part 60. 58 FR 51735. ■ 2. The tables published under the
Interested lessees and owners of real Executive Order 13132, Federalism. authority of § 67.11 are amended as
property are encouraged to review the This final rule involves no policies that follows:

* Elevation in feet
(NGVD)
+ Elevation in feet
Flooding source(s) Location of referenced elevation (NAVD) Communities affected
# Depth in feet
above ground.
Modified

Marshall County, Alabama, and Incorporated Areas

Docket No.: FEMA–B–7702

Guntersville Lake ................................................ Approximately 5,000 feet downstream of SR 69 +596 City of Guntersville,
Crossing. Marshall County (Un-
incorporated Areas).
SR 69 Crossing .................................................. +596

* National Geodetic Vertical Datum.

# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Guntersville
Maps are available for inspection at 341 Gunter Avenue, Guntersville, AL 35976.
Marshall County (Unincorporated Areas)
Maps are available for inspection at 424 Blount Avenue, Guntersville, AL 35976.

Gallatin County, Kentucky and Incorporated Areas

Docket No.: FEMA–B–7711

Ohio River .......................................................... Carroll County Line ............................................ +471 City of Warsaw, Gal-
latin County (Unin-
corporated Areas).
Boone County Line ............................................ +479

* National Geodetic Vertical Datum.

# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Warsaw
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Maps are available for inspection at 101 West Market Street, Warsaw, KY 41095.
Gallatin County (Unincorporated Areas)
Maps are available for inspection at 200 Washington Street, Warsaw, KY 41095.

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 56922 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations

* Elevation in feet
(NGVD)
+ Elevation in feet
Flooding source(s) Location of referenced elevation (NAVD) Communities affected
# Depth in feet
above ground.
Modified

Letcher County, Kentucky, and Incorporated Areas

Docket No.: FEMA–B–7713

North Fork Kentucky River ................................. Approximately 0.29 miles downstream of Haz- +1124 Letcher County (Unin-
ard Road. corporated Areas).
Approximately 0.14 miles downstream of the +1137
CSX Railroad (City of Whitesburg Corporate
Limits).
Approximately 0.16 miles downstream of State +1161
Route 15 near Piedmont Drive (City of
Whitesburg Corporate Limits).
Approximately 0.14 miles upstream of State +1176
Route 15 near the confluence with Pert
Creek.

* National Geodetic Vertical Datum.

# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
Letcher County (Unincorporated Areas)
Maps are available for inspection at 156 Main Street, Whitesburg, KY 41858.

Trimble County, Kentucky, and Incorporated Areas

Docket No.: FEMA–B–7713

Ohio River .......................................................... Trimble County Limits (Downstream) ................ +463 City of Milton.
Trimble County Limits (Upstream) ..................... +464
Oldham County Line .......................................... +457 Trimble County (Unin-
corporated Areas).
City of Milton Corporate Limits .......................... +463
City of Milton Corporate Limits .......................... +464
Carroll County Line ............................................ +464

* National Geodetic Vertical Datum.

# Depth in feet above ground.
+ North American Vertical Datum.
ADDRESSES
City of Milton
Maps are available for inspection at 10179 U.S. Highway 421 North, Milton, KY 40045.
Trimble County (Unincorporated Areas)
Maps are available for inspection at 123 Church Street, Bedford, KY 40006.

Wayne County, Nebraska and Incorporated Areas

Docket No.: FEMA–B–7464

Deer Creek ......................................................... At confluence with South Logan Creek ............. +1450 City of Wayne.
At 574th Avenue ................................................ +1460
Dog Creek .......................................................... Approximately 2000 feet upstream of con- +1420 City of Wayne.
fluence with South Logan Creek.
At 858th Road .................................................... +1439
South Logan Creek ............................................ Approximately 350 feet downstream of con- +1416 City of Wayne.
fluence with Dog Creek.
Approximately 75 feet upstream of Highway 15 +1444
Approximately 200 feet upstream of 854th +1465
Road.

# Depth in feet above ground.

* National Geodetic Vertical Datum.
+ North American Vertical Datum.
ADDRESSES
City of Wayne
Maps are available for inspection at the City Office, 306 Pearl Street, Wayne, NE 68787.
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Sandoval County, New Mexico and Incorporated Areas

Docket No.: FEMA–B–7709

Tributary A (southern split) ................................. Approximately 130 feet upstream from the con- +5417 City of Rio Rancho.
vergence with Tributary A.

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 Federal Register / Vol. 72, No. 193 / Friday, October 5, 2007 / Rules and Regulations
Flooding source(s)
* National Geodetic Vertical Datum.
# Depth in feet above ground.
+ North American Vertical Datum.
City of Rio Rancho
Maps are available for inspection at 3900 Southern Blvd, Rio Rancho, NM 87124.
4th Street Drainageway ......................................
# Depth in feet above ground.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
City of Groton
Maps are available for inspection at City Hall, 204 North Main Street, Groton, South Dakota 57445.
(Catalog of Federal Domestic Assistance No.
97.022, Flood Insurance.)
Dated: September 21, 2007.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E7–19681 Filed 10–4–07; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 90
[WT Docket No. 02–55; FCC 07–167]
Improving Public Safety
Communications in the 800 MHz Band;
Petitions for Waiver of Bethlehem,
Pennsylvania and Reading, PA;
Petitions for Waiver of Rockdale
County, Newton County, City of
Covington, Walton County, and
Spalding County, GA
AGENCY: Federal Communications
Commission.
ACTION: Final rule; clarification.
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SUMMARY: In the Third Memorandum
Opinion and Order, the Federal
Communications Commission finds that
Sprint Corporation (Sprint) has not met
the December 26, 2006, eighteen-month
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Location of referenced elevation
Approximately 115 feet upstream from 11th
street.
ADDRESSES
Brown County, South Dakota, and Incorporated Areas
Docket No.: FEMA–B–7473
Approximately 400 feet downstream of Sixth
Street.
Approximately 200 feet downstream of Sixth
Street.
Approximately 300 feet upstream of 13th Ave-
nue/Highway 12.
ADDRESSES
benchmark for clearing Channel 1–120
incumbents as required by the 800 MHz
rebanding process. In that connection,
the Commission denies the portion of
Sprint’s Petition for Reconsideration
that sought ‘‘clarification’’ of the
eighteen-month benchmark. The
Commission also establishes additional
benchmarks to ensure timely clearing of
the Channel 1–120 band by all
incumbent licensees, including Sprint
itself. The Commission also requires
Sprint to provide monthly reports on its
channel-clearing efforts. In addition, the
Commission clarifies the 30-month
rebanding benchmark, which requires
all 800 MHz licensees that must reband
to have ‘‘commenced’’ reconfiguration
of their systems by December 26, 2007.
Finally, the Commission grants several
petitions by NPSPAC licensees to
extend their rebanding deadline until
after incumbent analog broadcasters
operating in their area on TV Channel
69 have vacated the spectrum as part of
the DTV transition.
DATES: Effective September 12, 2007.
FOR FURTHER INFORMATION CONTACT:
Roberto Mussenden, Policy Division,
Public Safety and Homeland Security
Bureau, at (202) 418–1428 or
Roberto.Mussenden@fcc.gov; John
Evanoff, Policy Division, Public Safety
and Homeland Security Bureau, at (202)
418–0848 or John Evanoff@fcc.gov.
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56923
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD) Communities affected
# Depth in feet
above ground.
Modified
+5436
+1,295 City of Groton.
+1,296
+1,302
SUPPLEMENTARY INFORMATION: This
summary of the Commission’s Third
Memorandum Opinion and Order in
WT Docket No. 02–55, adopted on
September 11, 2007, and released on
September 12, 2007. The full text of this
document is available for public
inspection on the Commission’s Internet
site at http://www.fcc.gov. It is also
available for inspection and copying
during regular business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street, SW., Washington, DC
20554. The full text of this document
also may be purchased from the
Commission’s duplication contractor,
Best Copy and Printing Inc., Portals II,
445 12th St., SW., Room CY–B402,
Washington, DC 20554; telephone (202)
488–5300; fax (202) 488–5563; e-mail
FCC@BCPIWEB.COM.
Background
1. In the 800 MHz Report and Order,
69 FR 67823 (November 22, 2004), the
Commission ordered the rebanding of
the 800 MHz band to resolve
interference between commercial and
public safety systems in the band. In
that Order, the Commission required
Sprint to complete retuning of Channel
1–120 licensees (i.e., licensees operating
in the 806–809/851–854 MHz band) in
twenty NPSPAC regions within eighteen
months of the start of the 36-month
rebanding period. In the 800 MHz
05OCR1